Wednesday, January 11, 2023

Fwd: Business Halacha Daily

---------- Forwarded message ---------
From: Bais HaVaad Halacha Center <info@baishavaad.org>
Date: Wed, Jan 11, 2023, 8:00 PM
Subject: Business Halacha Daily
To: <agentemes4@gmail.com>

Is One Who Makes a Window Facing his Neighbor's Pool Obligated to Pay For a Mechitzah?

Question: Reuven has a swimming pool in his backyard with a sufficient mechitzah to prevent his neighbors from seeing in. One of his neighbors wants to build another floor onto his house. If he puts in a window, it will necessitate Reuven to make a taller mechitzah to block the line of sight from the new floor. Who is responsible to pay for the new mechitzah?

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Rav Shmuel Honigwachs

Answer: Even though we said previously that in our times we generally do not do very private activities in our yards, that is obviously not the case with regards to a swimming pool. In this case, there is no question that the standard concept of hezek riya applies; therefore, a neighbor who is building a new floor has a responsibility to either not open up any windows facing the pool or to pay in full for a new mechitzah.